REVACH L'DAF
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SUMMARY
When someone swears, he does so in accordance with the Da'as of an average person and not in accordance with his own Da'as. (1)
When Beis Din obligates a person to swear they tell him that his Shevu'ah is not in accordance with the condition in his heart, but in accordance with what we have in mind. (2)
When Moshe Rabeinu obligated Yisrael to swear in Arvos Mo'av, he told them that the Shevu'ah is not according to what they had in mind, but in accordance with his Da'as and the Da'as of Hashem Yisbarach.
Avodah Zarah is also called an Elohim.
The Mitzvah of Tzitzis is equal to all of the Mitzvos of the Torah.
Anyone who acknowledges an Avodah Zarah is a Kofer of the entire Torah.
If someone tells his friend that he is selling him a beam for an olive press he must sell him a beam with a groove.
If someone forgot that he ate or drank and he made a Neder that he did not eat or drink, it is a Neder Shogegin.
If someone made a Neder that he would not eat or drink and he forgot the Neder and ate or drank, it is a Neder Shogegin.
If someone makes a Neder that his wife may not have benefit from him because she stole his purse or hit his child, if it turns out that she did not it is a Neder Shogegin.
If someone sees people eating his figs and he tells them that they are a Korban to them and it turns out that his father is included among the people, Beis Shamai says that the father is permitted.
Beis Hillel says that not only is the father permitted but all of them are permitted. (3)
Shevu'os Shogegin are permitted.
If someone makes a Neder not to eat for a period of time the Chacham may release him from the Neder on the basis that he would not have made the Neder if he would have had in mind that the Neder included Shabbosos and Yamim Tovim. (4)
If someone sees people eating his figs and he tells them that they are a Korban to them and it turns out that his father is included among the people, if he says that had he known his father was there he would have said all of them are forbidden with the exception of his father it is a valid Neder. (5)
A BIT MORE
1. Therefore if a person swears that he saw the amount of people of the Olei Mitzrayim we do not suspect that he is referring to 600,000 ants that he is nicknaming Olei Mitzrayim.
2. Therefore if a person swears that he paid, if he did so by means of asking his lender to hold temporarily a hollowed out reed with money inside, that would be regarded as a false Shevu'ah since that is not the type of payment that Beis Din had in mind.
3. Beis Hillel holds that a Neder that is partially permitted becomes entirely permitted; therefore since the father is not included in the Neder the others are also not included.
4. Once the Neder is released from Shabbos and Yom Tov the entire Neder is released and he may eat even during the week.
5. All of the people are forbidden to eat the figs with the exception of his father.
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BRIEF INSIGHT
SHEVU"AH ON A SEFER TORAH
A borrower was obligated to swear in the Beis Din of Rava and when he took a Sefer Torah he asked his lender to hold a hollowed out reed with money inside. The Ran says that the borrower admitted to the Chov because otherwise he would not have been obligated to swear a Shevu'ah mid'Oraisa and he would not have had to hold a Sefer Torah. However the Chasam Sofer says that the Gemara says that he swore that he paid everything he owes which implies that he was denying the entire Chov. Therefore the Chasam Sofer says that he volunteered to swear on a Sefer Torah in order to facilitate his deception, but he was not obligated to swear on the Sefer Torah.
QUICK HALACHAH
NIDRE'I HAVAI
What are Nidrei Havai? If someone says, "Konam this Kikar on me if I did not see the amount of people of the Olei Mitzrayim, or if I did not see a snake like the beam of an olive press, or a wall that is as high as the heavens" these are not valid Nedarim because it is usual for a person to exaggerate and he did not want it to be a Neder. If he insists that he did want it to be a Neder it is a Neder. (Shulchan Aruch YD 232:7)
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